OLI We raise the Bar Oregon Law Institute of Lewis & Clark Law School Estate Planning T oday, the elderly account for an increasing percentage of the U.S. population as a result of nationwide improvements in health care, nutrition, and general living conditions. The “oldest old,” those aged 85 and over, make up the fastest growing segment of the population. This trend towards an elderly population explosion poses a variety of challenges to the lawyers who represent them. This program is designed for elderlaw attorneys, attorneys who represent professional and non-professional fiduciaries, trusts and estates lawyers, family lawyers, and general practitioners who represent clients who may have an impaired capacity to make decisions. It offers tools for planning for disability, as well as legal and medical perspectives on how to assess capacity. for Protected Persons and People with Disabilities Friday, december 1, 2006 Oregon Convention Center 777 NE Martin Luther King Jr., Blvd. Portland, Oregon 5 General and 1 E/B MCLE Credits SChEdULE 8:30 8:55 9:00 - 10:00 LATE REGISTRATION AND DISTRIBUTION OF MATERIALS WELCOME AND INTRODUCTION Estate Planning by Protected Persons • Statutory authority • Practice tips for creating an estate plan • Undue influence/capacity issues • Fiduciary’s role in estate plan 10:00 - 10:30 – James R. Cartwright – Garvin Reiter – Gary L. Vigna Estate Planning in Protective Proceedings • Can a fiduciary arrange for a protected person to engage in estate planning? • Estate planning by a fiduciary: Under 65 Disability Trust • Creating a trust in a protective processing 10:30- 10:45 10:45 - 11:30 – Richard A. Pagnano BREAk Overview of Basic Tools for Planning for disability The following are “voluntary” planning tools. Failure to have them in place may lead to the “involuntary” emergency tools of a guardianship or conservatorship: • Powers of attorney • Oregon advance directives • POLST forms (Physician Orders for Life-Sustaining Treatment) • Nominations of guardian and conservator • Revocable living trusts with customized language 11:30 - 12:00 – Kristianne Cox Tax Issues for Fiduciaries • Tax returns to be filed by trustees or attorneys in fact • Tax returns to be filed by a guardian/conservator in a protective proceeding • The information a fiduciary must collect in order to prepare the necessary returns 12:00 - 1:00 1:00 - 2:00 – Helen Rives Pruitt LUNCh BREAk (optional lunch at live program) Oops, I didn’t Think of That: UTC Provisions Applicable to disability Planning • Notice and reporting • Representation • Modification • Standing – Hon. Claudia M. Burton – Susan N. Gary – Heather O. Gilmore SChEdULE (cont.) 2:00 - 2:30 ’Til death do Us Part: Can a Protected Person Get Married or divorced? • Fundamental rights of a protected person to marry or divorce • Legal and practical considerations in dissolution proceedings involving protected persons, their guardians, and legal counsel 2:30 - 2:45 2:45 - 3:45 – Julia M. Hagan BREAk Legal and Medical Perspectives on Capacity Assessments in a Law Practice—When and how? • Trends in capacity assessment, including a discussion of the 2005 ABA/APA joint publication Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers, the recent California development of a lawyer providing a “Certificate of Independent Review,” and Bernard v. Foley (California Supreme Court 8/21/2006), a trust amendment challenge • The role of medical professionals in determining capacity, including when to refer, what assessment tools are used, and what complicates the process 3:45 - 4:00 4:00 – Cynthia L. Barrrett – Kevin R. Smith, M.D. Questions and Answers ADjOURN Program Faculty Cynthia L. Barrett Cynthia L. Barrett P.C. Hon. Claudia M. Burton Marion County Circuit Court Cartwright & Associates James R. Cartwright Kristianne Cox Attorney at Law Associate Dean for Academic Affairs and Professor of Law University of Oregon School of Law Susan N. Gary Heather O. Gilmore Heather O. Gilmore P.C. Gevurtz Menashe Larson & Howe P.C. Program Co-Planner Davis Pagnano & Williams LLP Julia M. Hagan Richard A. Pagnano Helen Rives Pruitt Meyer & Wyse LLP Law Offices of Nay & Friedenberg Director, Geriatric Psychiatry Clinic, OSHU Garvin Reiter Kevin R. Smith, M.D. Gary L. Vigna Harris & Vigna Program Co-Planner Davis Pagnano & Williams LLP Mark M. Williams Live Presentation Portland – 12/1/06 Oregon Convention Center 777 NE MLK Jr. Blvd. video rePLays Please register at least one week prior to the replay date. Bend – 12/15/06 Replay 8:30 a.m Bryant Lovlien & Jarvis 591 Mill View Way Eugene – 12/8/06 Replay 8:30 a.m. Harrang Long Gary & Rudnick, P.C. 360 East 10th Avenue, Ste. 300 Medford – 12/8/06 Replay 8:30 a.m. Kellington, Krack, Richmond, Blackhurst & Glatte, LLP 23 Newtown Street Portland – 12/20/06 Replay 9:00 a.m. Oregon Law Institute Gus J. Solomon Courthouse, 620 S.W. Main St., Suite 706 MCLe Credit Estate Planning for Protected Persons and People with Disabilities will receive 5 General and 1 Elimination of Bias MCLE credits. PrograM ProduCts Even if you cannot attend, you can still get the program on audiotape, videotape, CD or DVD. Use the order form in this brochure to order your set today! OLI Annual Passholders may purchase OLI program products at 50% off the full retail price. Questions? Please call OLI at (503) 768-6580 in Portland or toll-free in Oregon at (800) 222-8213, e-mail us at email@example.com; or visit our Web site at www.lclark.edu/org/oli. R E G I S T R AT I O N / O R D E R F O R M Estate Planning for Protected Persons and People with Disabilities Friday, December 1, 2006 ________________________________________________________________________________________ Name OSB No. or Profession ________________________________________________________________________________________ Firm/Organization ________________________________________________________________________________________ Street Address City/State/Zip ________________________________________________________________________________________ Phone Fax E-Mail Please “3” appropriate box below: q Live presentation q Video replay. Location: ______________________________________ Date:_________________________ Please register at least one week prior to the replay date. uition (Prices apply to live and video replays.) q $159 “Early Bird” tuition (received by November 27, 2006). q $119 “Early Bird” tuition for new attorneys (admitted 2005–2006), paralegals, or secretaries (received by November 27, 2006). q $80 Legal aid attorneys and judges (received by November 27, 2006). q $15 OLI Annual Pass holder (Annual Pass No. ______________). q $20 Add to above tuition if registration received after November 27, 2006. t oPtionaL LunCh at Live seMinar q $20 Add to above tuition q Vegetarian q Dietary restrictions:_________________________ I am unable to attend. Please send me: $179 Audiotapes and course book or q $179 Audio CDs and course book $299 Videotapes and course book or q $299 DVDs and course book $55 Course book only Deduct 50% from order if you are an OLI Annual Pass holder (Pass No. ____________) ProduCt order q q q q q $7.00 Note: Add $7.00 shipping & handling fee to above book and tape orders. ENCLOSED iS $________________ By: q q Check payable to Oregon Law Institute (OLI) Credit Card: Acct. # _________________________________________________ q VISA q MasterCard Exp. Date: __________ Signature: ______________________________________ Return this form with payment to: OLI Registrar, Solomon Courthouse 620 S.W. Main St., Suite 706 Portland, OR 97205-3037 …or fax this registration form including credit card information to: (503) 768-6585. QuEStiONS? Call (503) 768-6580 or (800) 222-8213. Check out our website at www.lclark.edu/org/oli or email us at firstname.lastname@example.org. CONfiRMAtiON: Confirmation will be sent via e-mail or fax one week before the program. CANCELLAtiON POLiCy: Tuition minus a $20 handling charge will be refunded if the cancellation request is written and received by Tuesday, November 28, 2006. NEED ASSiStANCE: If you are a person with a disability, please let OLI know in time to make any necessary accommodations for you. tuitiON ASSiStANCE: A limited number of scholarships are available based on financial need. Contact OLI.
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